Jim Morrison Pardoned

You may remember my recent post about the possibility of the State of Florida pardoning Jim Morrison for his indecent exposure conviction. Well, Florida officially pardoned Jim Morrison today. This is great news.

Here are Governor Crist’s comments on the topic, courtesy of the New York Times Arts Beat Blog.

Remarks by
GOVERNOR CHARLIE CRIST
to the Florida Board of Executive Clemency
Tallahassee, Florida

December 9, 2010

James Douglas Morrison – we know him as Jim Morrison – appealed the judgment and sentence he received after being convicted 40 years ago of two misdemeanors. However, he died before his appeal could be heard.

Because he us unable to state his case for clemency before this board today, I offer to do so for him.

The charges against Mr. Morrison stemmed from his alleged actions at a now-famous 1969 musical performance by The Doors in Miami. During the trial, the prosecution attempted to prove that Mr. Morrison indecently exposed himself, simulated indecent acts, and uttered profanities.

Mr. Morrison admitted to using some of the alleged profanity; however, he denied the other charges.

During the trial, some witnesses testified they saw the alleged acts for which he was charged; however, many others testified they observed the entire concert and never saw them. In fact, so many witnesses corroborated Mr. Morrison’s testimony that the judge eventually stopped the defense from presenting any more – because their collective testimony became, what is known in legal terms as, “cumulative testimony.”

Nevertheless, a jury convicted Mr. Morrison. The judge then sentenced him to six months of hard labor.

Much controversy surrounds this conviction, and not only because many witnesses testified they did not see Mr. Morrison expose himself.

Controversy also exists because Mr. Morrison was not arrested until four days after the concert. A case was brought against him only after newspaper articles recounted the alleged events at the concert, based on a complaint filed by an employee of the state attorney’s office who attended the concert.

In addition, Mr. Morrison may have been improperly prevented from presenting evidence of “community standards” of other rock performances of the era. Such testimony would have offered cultural context for the allegations against him.

Perhaps most importantly, Mr. Morrison himself did not exercise his right to remain silent. Instead, he forcefully denied the charge that he exposed himself on stage.

Mr. Morrison appealed his judgment and sentence; however, he died before the appeal was heard. His death prevented him from exercising his right to a direct appeal, a right given to every American by the United States Constitution. If his appeal had been heard, a reviewing court could have resolved the controversies surrounding his conviction.

In addition, at the time of Morrison’s death, a convicted defendant who died before his appeal was heard was entitled to have the conviction dismissed so that he was again presumed innocent. This doctrine, known as “abatement ab initio,” wiped the slate clean – as though the conviction had never taken place. A pardon corrects the fact that Mr. Morrison is now unable to take advantage of the presumption of innocence that is the cornerstone of the American criminal justice system.

The words of an appellate judge, penned a decade before Mr. Morrison’s trial, provide insight into the question before us today: When death prevents the accused from appealing his judgment, the conviction is “a nullity” and “[j]urisdiction to determine the issue of guilt or innocence is now assumed by the ultimate arbiter of human affairs.”

In this case, guilt or innocence is in God’s hands, not ours. That is why I ask my colleagues today to pardon Jim Morrison.

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Why Jim Morrison Should Be Pardoned

Outgoing Florida governor Charlie Crist has hinted at giving Jim Morrison a posthumous pardon for his Florida indecent exposure conviction.

I’d rather see Jim Morrison pardoned than acquitted, honestly. An aquittal would be an attempt to legally say “Jim Morrison did not do that,” and I don’t think that’s right. Jim pushed the boundaries intentionally. It’s what he was all about, the influence of Dionysus, the god who steps over the boundaries and pushes us through–breaks on through, even–to the other side.

As human beings and as a human society we have a deep need for that kind of channeled transgression. We need rules and order to survive and prosper, but we also need a way to break through and shatter those rules completely, to remind us of who we really are and what is really going on. We have to be able to grapple with darkness, to embrace the shadow side of our existence, to shake off constraints and boundaries. Pushing us to our limits, pushing us past those boundaries in every way, is what Jim Morrison’s life was all about.

And so I say hell yes he exposed himself on stage. I say hell yes he simulated fellatio. And good, and well done, and do it again.

But he should be celebrated, not condemned. If our society expressed through the state can not understand the context and the importance of Dionysian transgression, and the role it plays in keeping us sane and healthy, then we are all Pentheus, and we are setting ourselves up for a violent and savage downfall.

So nothing could be more appropriate than a pardon. Try him if you want, convict him if you must, but punish him? Smear his name? Nonsense. We’re not talking about a pervert in the parking lot, we are talking a high priest of Dionysus, a prophet of the God Who Comes. Jim Morrison brought the law of liberation written on tablets of vinyl. I can think of few better ways to honor him than to wipe his name clear.

So, hail the Lizard King triumphant! Euoi!

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